Retaliatory eviction occurs when a landlord attempts to evict a tenant as a response to a tenant exercising their legal rights.
This could include making complaints about the condition of the property, requesting repairs, or reporting the landlord for not complying with legal standards.
Essentially, the landlord is punishing the tenant for standing up for their rights.
At Lawhive, we understand the distress and uncertainty that retaliatory eviction can cause. Our team of dedicated solicitors is here to support tenants through this challenging time.
We offer:
Expert Advice: Our experienced solicitors provide clear, straightforward advice on your rights as a tenant and the steps you can take if you believe you are facing retaliatory eviction.
Representation: We can represent you in negotiations with your landlord and, if necessary, in court to ensure your rights are protected and that you receive fair treatment.
Support: Beyond legal advice and representation, we offer ongoing support to help you navigate this difficult period and ensure you have a safe and stable place to live.
If you believe you are experiencing retaliatory eviction or need advice on your rights as a tenant, contact us today. Our team is here to provide the expert legal assistance you need to stand up against unfair treatment and protect your home.
What is Retaliatory Eviction?
Retaliatory eviction happens when a landlord tries to evict a tenant in response to the tenant exercising their legal rights. In many cases, this is illegal eviction.
This might happen when:
Requesting repairs
If a tenant asks the landlord to fix issues in the property, of which they are responsible, such as broken heating, leaking roofs, or unsafe conditions, the landlord might retaliate by starting eviction proceedings.
Complaining about conditions
Tenants have the right to report poor living conditions or hazards to local authorities. Some landlords might retaliate by evicting the tenant instead of addressing the problem.
Exercising other legal rights
Any time a tenant takes action to ensure their rights are upheld, such as joining a tenants' union or legally challenging rent increases, there is a risk of retaliatory eviction if the landlord wants to avoid dealing with these issues.
Why does retaliatory eviction happen?
Retaliatory eviction can happen for a few reasons. Some landlords may not want to spend money or time fixing issues in the property. By evicting tenants who request repairs, they can avoid making these improvements.
Or, landlords might use eviction as a way to discourage other tenants from making complaints or standing up for their rights. This creates an environment where tenants feel they must accept poor conditions to avoid eviction.
Sometimes, landlords may see an opportunity to raise the rent for new tenants. By evicting current tenants who are paying lower rent, landlords can bring in new tenants at a higher rate.
And, in some cases, landlords may take eviction actions personally if they feel challenged or criticised by a tenant. This can lead to retaliatory behaviour rather than addressing the tenant's legitimate concerns.
What legal protections do tenants have against retaliatory eviction?
Legal protections are important, as they can help you feel more secure in your home and more confident in asserting your rights as a tenant.
Under UK law, these are the protections you have as a tenant.
Eviction
Tenants have certain protections to prevent landlords from evicting them unfairly. If a tenant makes a complaint about the condition of the property or exercises other legal rights, the landlord cannot simply evict them in retaliation.
Specific legislation, such as the Deregulation Act 2015, includes provisions to protect tenants from this kind of unfair treatment.
Requirements for eviction notices
Landlords must serve a valid notice, which includes specific information and meets legal requirements. If a tenant has recently made a complaint about the property, the landlord may be restricted from issuing a Section 21 notice (a notice to end an assured shorthold tenancy) for a period of six months. This means that tenants are not penalised for asserting their rights.
Health and safety complaints
If a tenant has reported health and safety issues to the local council and the council has served an improvement notice or emergency remedial action notice, the landlord cannot serve a Section 21 notice for six months. This protection is great for tenants living in substandard conditions, as it allows them to report issues without fear of immediate eviction.
Legal recourse for unfair eviction
If a landlord tries to evict a tenant in retaliation for exercising their rights, the tenant can challenge the eviction in court. The court can decide that the eviction is invalid if it finds that the landlord’s actions were retaliatory. Tenants can also seek compensation for any losses suffered due to the landlord's unlawful behaviour.
Support from local authorities
Local councils have a role in protecting tenants from retaliatory eviction. They can investigate complaints about housing conditions and take enforcement action against landlords who fail to maintain safe and habitable properties. This support helps ensure that tenants are not left to face these issues alone.
How can I prove that my eviction is retaliatory?
If you suspect that your landlord is trying to evict you as a retaliation for exercising your rights, evidence is key. Keep detailed records of all the complaints you’ve made to your landlord, like any emails, letters, text messages, and any other communications where you’ve requested repairs or reported issues with the property.
Make sure to note the dates and details of each complaint as well as how and when your landlord responds to your complaints. If your landlord delays addressing the issues or outright ignores your requests, this can be important evidence.
Pay close attention to the timing of the eviction notice. If you receive a notice shortly after making a complaint or taking legal action, this timing can suggest a retaliatory motive. Courts often view evictions that follow complaints within six months with suspicion.
You can also include witness statements, official records from local authorities or health and safety officials, plus maintenance records and photos, videos or receipts for repairs carried out.
We always advise you to seek legal advice as soon as you suspect retaliatory eviction. A solicitor can help you understand your rights, guide you on the type of evidence needed, and represent you in any legal proceedings.
What should I do if I believe I am being evicted in retaliation for requesting repairs?
If you suspect that your landlord is trying to evict you in retaliation for requesting repairs, it’s important to act quickly and methodically to protect your rights.
As we mentioned earlier, evidence is your friend here, so gather as much as you can that relates to the property and your landlord.
Then, carefully read the eviction notice you have received. Check the type of notice and the reasons given for the eviction. In the UK, a Section 21 notice does not require the landlord to provide a reason, but the timing and circumstances can still indicate retaliation. A Section 8 notice requires specific grounds, which you can challenge if they seem unjust.
Importantly, if you made a complaint to the local council and they issued an improvement notice or emergency remedial action notice, your landlord cannot serve a Section 21 notice for six months.
And, if you haven’t already, report the repair issues to your local council. Explain that you believe your landlord is retaliating against you for requesting repairs. The council can inspect the property and issue notices to the landlord, which can provide you with legal protection against eviction.
Reach out to a solicitor who specialises in housing law. A solicitor can provide you with tailored advice based on your situation, help you understand your legal options, and represent you in negotiations or court if necessary. They can also assist in communicating with your landlord to address the retaliation.
What are the steps to take legal action against a retaliatory eviction?
If you believe you are being evicted in retaliation for requesting repairs or exercising your legal rights, these are the steps you need to take:
Document Everything
Save all communications with your landlord (emails, letters, texts).
Take photos or videos of the property’s condition, especially issues you reported.
Keep a detailed record of when you made complaints and the landlord’s responses.
Review the Eviction Notice
Check the type of notice (Section 21 or Section 8).
Note the reasons given and the timing in relation to your complaints.
Understand Your Rights
Familiarise yourself with tenant protections under the Deregulation Act 2015.
Know that certain complaints to local authorities provide legal protection against eviction.
Contact Your Local Council
Report the repair issues to the local council if you haven’t already.
Request an inspection and ask the council to issue an improvement or emergency remedial action notice.
Seek Legal Advice
Consult with a solicitor who specialises in housing law.
Obtain tailored advice on your situation and explore your legal options.
Prepare Your Case
Work with your solicitor to gather and organise evidence.
Include documentation of your complaints, the landlord’s responses, and any notices from the council.
Challenge the Eviction in Court
File a case with the court to challenge the eviction.
Present your evidence and argue that the eviction is retaliatory.
Consider Alternative Solutions
Explore negotiation or mediation to resolve the dispute with your landlord amicably.
Seek a mutually agreeable solution without going to court if possible.
Stay Informed and Supported
Maintain regular contact with your solicitor for updates and advice.
Ensure you are informed and supported throughout the legal process.
Can a landlord evict me for complaining about property conditions?
As a tenant, you have the right to live in a safe and well-maintained property - complaining about property conditions should not be grounds for eviction.
The Deregulation Act 2015 specifically provides tenants with protections against retaliatory evictions. If you have made a legitimate complaint about the condition of the property, your landlord cannot simply evict you to avoid dealing with the issues.
Plus, if you have reported serious repair issues to your local council and they have served an improvement notice or emergency remedial action notice, your landlord cannot serve you with a Section 21 notice for six months. This notice is often used to evict tenants without providing a specific reason, but these legal protections prevent its misuse in retaliation cases.
Landlords have to follow legal procedures to evict a tenant, and they must have valid grounds. For example, they might use a Section 8 notice if they can prove specific reasons such as rent arrears or breach of tenancy agreement.